Politicians, lobbyists, and pundits reacted quickly to the Arizona Supreme Court ruling that the ban on abortion is the state’s law. In a 4-2 decision, the Court ruled that the 1864 ban on abortion will take effect in two weeks.
The Court rejected the argument that the 2022 law that bans abortion after 15 weeks is the law of the land.
Justice Lopez authored the Opinion of the Court, in which Justices Bolick, Beene, and King joined. He wrote:
The abortion issue implicates morality and public policy concerns, and invariably inspires spirited debate and engenders passionate disagreements among citizens. A policy matter of this gravity must ultimately be resolved by our citizens through the legislature or the initiative process. Today, we decline to make this weighty policy decision because such judgments are reserved for our citizens. Instead, we merely follow our limited constitutional role and duty to interpret the law as written. See Ariz. Const. art 3; Ariz. Sch. Bds. Ass’n v. State, 252 Ariz. 219, 229 ¶ 45 (2022) (“We respect the role of the legislature in the discharge of its constitutional duties . . . and we heed our constitution’s fundamental premise that the division of powers necessarily impels judicial restraint, particularly in the realm of lawmaking.”). For the reasons discussed, the legislature has demonstrated its consistent design to restrict elective abortion to the degree permitted by the Supremacy Clause and an unwavering intent since 1864 to proscribe elective abortions absent a federal constitutional right—precisely what it intended and accomplished in § 36-2322. To date, our legislature has never affirmatively created a right to, or independently authorized, elective abortion. We defer, as we are constitutionally obligated to do, to the legislature’s judgment, which is accountable to, and thus reflects, the mutable will of our citizens.
Arizona Speaker of the House Ben Toma and Senate President Warren Petersen issued a joint statement in response:
“The Supreme Court has made its decision, and it was one based solely on the text of the law – it was not a policy statement. It’s important to note that there is at least a 60-day waiting period before any change in the existing law occurs. During this time, we will be closely reviewing the court’s ruling, talking to our members, and listening to our constituents to determine the best course of action for the legislature.”
Governor Katie Hobbs called it “a dark day in Arizona,” and said “this extreme ban must be repealed immediately.”
“It is a dark day in Arizona. We are just fourteen days away from one of the most extreme abortion bans in the country. But my message to Arizona women is this: I won’t rest, and I won’t stop fighting until we have secured the right to abortion. That is my promise to you. Attorney General Kris Mayes vowed to fight decision,” tweeted Hobbs.
It is a dark day in Arizona. We are just fourteen days away from one of the most extreme abortion bans in the country.
But my message to Arizona women is this: I won't rest, and I won't stop fighting until we have secured the right to abortion.
That is my promise to you.
— Governor Katie Hobbs (@GovernorHobbs) April 9, 2024
Mayes called it “unconscionable and an affront to freedom.”
The decision made by the Arizona Supreme Court today is unconscionable and an affront to freedom. pic.twitter.com/swEqJREVVS
— AZ Attorney General Kris Mayes (@AZAGMayes) April 9, 2024
“Just a few years ago, when I voted to limit abortions to 15-Weeks (almost four months) in Arizona, I believed then, as I do now, that 15 weeks is what my district believes to be an appropriate timeline,” said Senator TJ Shope. “Outreach from my constituents confirmed that to be the case. Today’s Arizona Supreme Court decision reinstating an Arizona Territorial-era ban on all abortions from more than 150 years ago is disappointing to say the least and has ignored our legislative intent. I will immediately work with my legislative colleagues to repeal the territorial law so that the policy we placed in Statute, just two years ago, that places reasonable limitations on abortion that a majority of Arizonans support, can stand.”
Just a few years ago, when I voted to limit abortions to 15-Weeks (almost four months) in Arizona, I believed then, as I do now, that 15 weeks is what my district believes to be an appropriate timeline. Outreach from my constituents confirmed that to be the case. Today’s Arizona… pic.twitter.com/KIQ3mJBZJa
— T.J. Shope (@TJShope) April 9, 2024
According to The Center Square, “the territorial era law came back into play following the overturning of Roe v. Wade in June 2022, which brought the issue of abortion exclusively back to the states. Months before the ruling, former Republican Gov. Doug Ducey signed the 15-week policy into law.”
“I signed the 15-week law as Governor because it is thoughtful conservative policy, and an approach to this very sensitive issue that Arizonans can actually agree on,” Ducey tweeted. “The ruling today is not the outcome I would have preferred, and I call on our elected leaders to heed the will of the people and address this issue with a policy that is workable and reflective of our electorate.”
The relatively small Freedom Caucus vowed to support the total ban, but that might be enough to kill any efforts to change it, unless Democrats join with Republicans to get it done. Republicans only have a one-vote majority in each house of the legislature.
I signed the 15-week law as Governor because it is thoughtful conservative policy, and an approach to this very sensitive issue that Arizonans can actually agree on. The ruling today is not the outcome I would have preferred, and I call on our elected leaders to heed the will of… https://t.co/h7n5bmYnrU
— Doug Ducey (@DougDucey) April 9, 2024
Why didn’t Mayes abort her daughter, you know the one in the tv commercials who was so appalled over Roe vs Wade decision?
the ‘crime’ is that the baby parts are harvested and repurposed for ‘human use’ – the new pharmaceutical treatment they are prescribing to you? What’s the origin of that tissue?
Top AZ leaders have stated they will not allow this ruling to be enforced. They will break the law to get their way which is to kill innocents.
The Justices did exactly the only thing they could do. That law predates our state constitution and the court itself. But it’s an easy fix and has been done in the past. The Legislature need only to rescind it and submit it to the governor for approval allowing the 15-week law to stand. Had it not been for Roe v. Wade it would have probably been rescinded years ago. Justice Ginsburg warned the democrats for years that if Roe v. Wade ever came back to the court it would be overturned because it was a faulty ruling. She tried to get Clinton and Obama to codify it and they failed to even try. All the hand mashing that the left is doing is strictly for show. They could care less about abortion except for votes. If you doubt this just read Justice Ginsburg’s writings, I may not have agreed with her politically, but she was a very intelligent woman.
What is being overlooked in all the hysteria over this ruling, is that our Governor and Attorney General are proclaiming that they will not OBEY this law.
Well, like it or not, Hobbs & Mayes are citizens and are obligated, under oath, to obey AZ law. . just as you & I are obligated.
Hello, Girls . . . you can be thrown out of office for this. . and should be.
God’s wrath has been unleashed over man’s time – the frequent instigation is the harming of children. This issue is interesting – Abortion to ‘post birth’ being the left – or up to some time point – as yet not agreed upon in a vote or political measure – the right ; but either way ‘abortion’ seems to be on a continuation pathway – thus – abortion seems to be coming as the law of the land, at least in Arizona… more likely the USA. Not a good choice. If we are to seek an end-time catalyst this would be one. The other – Not supporting Israel. So won’t be long… the New Sodom / Gomorrah – Mystery Babylon meets its philosophized end.
And just who is going to raise (pay for) all the unwanted babies? You? I sincerely doubt that you want any part of that!
When the people cry justice…get the word out! It may not be the next Presidential election but justice will win!
Kudos to the Arizona Supreme Court for not legislating from the bench like other Supreme Courts have done in the past. Amazing isn’t it, how the pro abortion crowd screams bloody murder when a court rules that a duly enacted law that prohibits killing of an innocent unborn human being shall remain in effect.
Very stupid decision that will hand the country to Biden. I’m 100% Pro-Life, but this did not need to happen now. Those Justices are MORONS
not morons, this was done on purpose to drive dem voters to the poles. Looks like President Trump’s lead was exceeding the margin of fraud
Yea. Tell that to aborted babies. I’m sure they’ll agree about “timing”.
It will never take effect, that’s what so stupid, will save none, just lose us the Border.
One argument the pro-abortion crowd can never win is to define the exact stage at which a fetus is/is not a human life. They know they can’t so they don’t even try.
That said, I think Trump’s policy is the best political position, i.e., to leave the matter to the states. Much as I abhor abortion, I believe states should decide based on referendum. Some people believe capital punishment to be murder and I don’t want to see capital punishment banned nationwide.
Abortion is not healthcare, it is not a womans right. It is taking the life of an innocent life.
And YOU are going to support all the unwanted babies?
There is such a thing as birth control.
We’re supporting 8 million illegals so what’s a few more. Perhaps we should treat them equally.
Plenty of people will support babies. Who supported you???
If you did not ask a rhetorical question then I will say that my father raised me as he had no wife to help. Happy?